Law360, New York ( June 18, 2013, 12:01 PM EDT) -- A recent decision by the Central District of California further clarifies what may constitute "common sense" for use in obviousness determinations under 35 U.S.C. § 103. In an April 1 decision in DatCard v. Pacsgear, the court prescribed what a defendant can show to establish through common sense the existence of elements not explicitly found in prior art references. ...
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